When most people think of “probate” they think of the process that a Last Will and Testament goes through when someone dies. While this is accurate, this is not the only process that may be involved in probate. Probate can also include a variety of other proceedings, such as intestacy proceedings, conservatorship cases, probate litigation, and trust contests. While some of these cases may smoothly go through the process with a minimum of fuss, this is not always the case. When there are disagreements, probate litigation may be necessary.
One of the most common reasons that probate litigation is necessary is when contesting a Will. A Will may be contested for a number of reasons. The person contesting the validity of the Will could allege that the testator (the person who made the Will) accidentally left someone out. A person could also allege that the Will was only signed because of undue influence or coercion by one of the people who now stands to inherit under the Will. Allegations that the Will is forged is yet another reason that it may be contested. For any of these reasons, as well as a wide variety of others, probate litigation may be necessary, as a judge will need to examine the evidence relevant to the allegations and decide whether part or all of the Will is invalid.
Another common area in which trust litigation occurs is in conservatorships. A conservatorship is established when a court order is issued allowing one adult (called the conservator) to make decisions for another adult, who is otherwise unable to care for him or herself without this assistance (called the conservatee). In conservatorships, litigation can arise when other friends or family members of the potential conservatee do not agree that the person seeking to be named conservator is best-suited to fill this role. Litigation could also arise because the potential conservatee does not agree that he or she requires any type of oversight or assistance to make it through life. When a trust has come about as a result of undue influence, a conservator can ask the court to allow the conservator to revise the trust.
Trusts are litigated in probate court. With a trust, the grantor conveys certain property to a trust. The grantor will name a trustee to be in charge of how the trust is distributed as well as name particular beneficiaries who receive those distributions. When beneficiaries disagree that that trustee is properly handling the trust, this may require trust litigation. Litigation could also be required where property in the trust is in dispute.
We are familiar with all types of probate litigation and have extensive experience with helping our clients navigate the process. Call us today for an appointment.
